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Immigration Guideline

Understanding the I-751 Petition to Remove Conditions on Residence

Navigating the U.S. immigration system can be complex, particularly when it comes to adjusting one’s residency status. For those who obtained conditional permanent residency through marriage, filing the I-751 petition is a critical step in securing a permanent status. This article aims to provide a comprehensive guide on the I-751, Petition to Remove Conditions on Residence, to help you understand its importance, requirements, and process.    What is the I-751 Petition? The I-751 petition is used by conditional permanent residents who obtained their status through marriage to a U.S. citizen or permanent resident. Conditional residency is typically granted to people whose marriage was of less than two years at the time of the filing of the Adjustment of Status application. It is granted for a two-year period to ensure the marriage is genuine and not solely for immigration benefits. To remove these conditions and become a permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence.   Who Needs to File the I-751 Petition?   You need to file the I-751 petition if: You are a conditional resident who obtained status through marriage. You are a child who obtained conditional residency at the same time or within 90 days of your parents.   Generally, both spouses must file the petition jointly. However, certain circumstances allow for a waiver of the joint filing requirement.   When to File the I-751 Petition?   The I-751 petition must be filed within the 90-day period before the two year completion of your conditional residency. Failing to file within this window can result in the loss of your conditional resident status and possible deportation.   Key Requirements for the I-751 Petition   1. Joint Filing: The petition is typically filed jointly by the conditional resident and their U.S. citizen or permanent resident spouse. 2. Evidence of a Bona Fide Marriage: You must provide evidence that your marriage is genuine and not entered into for immigration benefits. This can include: Joint financial documents (bank statements, tax returns) Evidence of shared residence (lease agreements, utility bills) Affidavits from friends and family Photos and travel documents   3. Waiver of Joint Filing Requirement: In certain cases, you may request a waiver for joint filing with a statement and proper relevant evidences. This can apply if: You entered the marriage in good faith but your marriage was annulled or terminated. You or your child were battered or subjected to extreme cruelty by your spouse. Terminating your status and being removed from the U.S. would cause extreme hardship.    The I-751 Petition Process   Prepare and Gather Documents: Collect all necessary documentation to support your petition. This includes the completed I-751 form, evidence of your bona fide marriage, and the appropriate filing fee. File the Petition: Mail your completed petition and supporting documents to the appropriate USCIS Address. Be sure to use a traceable mailing method. Receive Receipt Notice: After filing, you will receive a Form I-797, Notice of Action, which serves as a receipt notice and

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When To File a Writ of Mandamus in Immigration Cases

A Writ of Mandamus is a lawsuit filed in the U.S. Federal District Court. Almost all immigration cases are eligible to use the writ of mandamus to request an order compelling an immigration agency of the United States to perform their duty, as required by 28 U.S. law Code § 1361, such as the adjudication of a long-pending visa application or petition, or to expedite their processing if such cases are experiencing an unreasonable delay. When it is both your “right” and the “duty” of government agencies to have a final determination on your case, you can file a Writ of Mandamus lawsuit. The government agencies have a non-discretional legal duty to complete the processing of applications within a reasonable time. According to 8 U.S.C. §1571(b), Congress has indicated that “processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.” There may be many reasons for unreasonable delays in your immigration cases, but when a government agency delays in issuing a decision or adjudicating an application, a Mandamus lawsuit can be filed in the U.S. Federal District Court to compel action where there has been an unreasonable delay that causes harm to you or any other applicant. It is important to note that when a mandamus action is filed, the court does not have the power to approve or reject a case based only on its merits; instead, it only compels the government agency with jurisdiction over your application to act. No law or strict rule dictates how long someone has to wait before filing a lawsuit. However, it is appropriate to consider taking such action if your application has been pending for longer than 12 to 24 months or is time-sensitive. When filing a petition for a writ of mandamus, you (a petitioner or applicant) must show or establish the following- You Have a Clear Right to Relief The relief you’re requesting is not an order granting the benefit but rather an order requiring the agency to decide on your visa application. The Administrative Procedures Act (APA) clearly states that if a visa decision has been delayed for an unreasonable amount of time, the applicant can file a lawsuit called the “Writ of Mandamus” in federal courts of the United States. In the lawsuit, you can ask a federal judge to order the Executive Branch (including USCIS and the Department of State) to decide or adjudicate the case in a few months. There is a Clear Duty on the Agency to Perform the Act If a person has a right to apply for a benefit, then the agency has a clear duty to act on the application. The duty to act is often reflected in regulations, which generally require that the agency “shall” issue a decision. It is also relevant that Congress intended for USCIS to establish fees in an amount that covers the cost of adjudicating applications. Suppose USCIS charges and accepts a filing fee in an

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How to Master IELTS Preparation for Admission in the U.S. Universities

How to Master IELTS Preparation for Admission in the U.S. Universities

IELTS test preparations can sometimes seem daunting. There may be a lot of concerns regarding the preparation for the particular test. Too many sections may faze you while you are taking mental notes for the test. However, there are a few ways to achieve your desired score in this language proficiency test that is required or accepted in almost all international universities. Let us see all the tips and tricks on how to master the IELTS test. Understanding the Grading Criteria First we have to look at a few sample questions of the test. This will help us to make a general idea regarding the marking criteria or how each question, task or segment are graded. This will help you gain insight into the difficulty level of the IELTS test.  And you will be able to plan ahead of anyone else, as soon as you have sufficient knowledge about the grading system. Planning for Each Test Segment IELTS tests your English Language skill on all four segments: Listening, Reading, Writing and Speaking. Each part has a different marking and timing criteria. Therefore it is wise to take preparation based on all the four segments. There are also many practice exercises in official resources and websites.  Now you may wonder how to gather so much information regarding the official websites. Let us look into our next step. Using Official Resources  There are many official websites that feature or post helpful guidelines regarding the IELTS examination. Cambridge, British Council and IELTS websites themselves provide a lot of helpful materials and content. However, different well known learning and training centers along with online publications like Magoosh, can also provide useful study tools for attending exams. That being said, books are your best friends! The more you read and practice, the better you will perform at the test. Take More Practise Tests How to practice for the IELTS tests at home? Simply you can collect or buy test papers from the market or buy subscriptions for online practice tools for IELTS. Sometimes if you are luckier, you can get them for free from community pages. Practicing will make you more confident with your answers. This will also help in time management with each segment as well as knowing the format of the questions. However, we need to move with a proper plan to learn new information and also master the old lessons.  That is where strategizing study schedules comes into picture. Create a Study Schedule and Strategy Planning and strategizing are important for preparing for any test. This stands true for the IELTS test as well. Booking the exam date will help you get the boost to start planning for the exam as having a deadline will create that urge to prepare for the exam. Having exams closing in will help to plan each day for a study session. However, remember to allow yourself enough time to prepare well and actually see some improvement in your English language and communication. Now, studying in traditional

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Common Pitfalls: Avoiding Issues with Prevailing Wage Determination

For employers looking to hire foreign workers under the EB-2 or EB-3 visa categories, determining the prevailing wage for a job position is a crucial step in the labor certification process. The Prevailing Wage Determination (PWD) process ensures that the wage offered to foreign workers aligns with the wages paid to domestic workers in similar positions in the United States, protecting both international and domestic markets. According to the Department of Labor, “Prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” It is possible to get a estimated prevailing wage by state depending on the Standard Occupational Classification (SOC) and the related requirements on O*net and U.S. Bureau of Labor Statistics. U.S. Department of Labor also has a Minimum Wage Table which contains the lowest amount of wage in a state. Navigating the complexities of PWD can be challenging and may impact the outcome of the application. One key element is the precise formulation of the job description, which significantly influences the wage level determination. Employers must carefully consider aspects such as job title, requirements, and Standard Occupational Classification (SOC) code. This blog explores common issues associated with prevailing wage determination and highlights critical elements to focus on. By understanding and avoiding these common pitfalls, employers can streamline their application process and ensure compliance with U.S. labor laws. (1)   Job Description: The job description is one of the crucial steps during PWD application, and it has to be very carefully formulated because the wage highly depends on it. There are basically three components to the job description:   ●       Job Title: Regarding preparing the job description, the initial step is establishing the job title. Generally, the title can vary as there are no strict standards or regulations with regard to its selection. It is often observed that jobs within the same category may possess different titles. Job titles being different does not necessarily mean that the quality of the job is different. However, it is recommended and safe to consider using a similar job title to the one provided as a samples on O*net Online. It is advisable to align or match the job title with those on O*net. For instance, while “Mechanical Engineer” is a commonly used job title, we aim to explore alternatives such as “Project Engineer” or “Test Engineer.” Now, it is mandatory to keep in mind that the job titles better reflect the roles within the Mechanical Engineer category. Recognizing that these titles are closely related to the Mechanical Engineer role is crucial. Failing to do so could result in changes to the SOC Codes associated with the job, consequently affecting the prevailing wage. When selecting a job title, it’s essential to ensure appropriateness with the job responsibilities. For instance, if the job primarily is of a “Loan Processor,” that is, it involves loan processing, labeling it as “Data Analyst” would be misleading and incorrect. As a result, such misalignment could lead to changes

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Rule of “Circumvention of Lawful Pathways” and Its Impact on Asylum-Seeking Immigrants

Overview A major change to US asylum policy was made on May 11, 2023 with the introduction of the Circumvention of Lawful Pathways (CLP) Rule by the Biden Administration. By promoting legitimate immigration into the country, this regulation seeks to manage and lessen the difficulties associated with large migration rates. Even though the rule aims to create order at the borders, several legal and humanitarian issues have been brought up by it. We will examine the main elements of the CLP Rule and how they affect asylum seekers in this blog post. About the CLP Rule To address migration challenges, the Biden- Harris administration issued the CLP rule According to which, unless they satisfy certain requirements, noncitizens who unlawfully cross the nearby coastal borders or the southwest land boundary of the United States are not eligible for asylum. There are certain extremely compelling instances in which this “Presumption of Ineligibility” can be refuted, adding levels of difficulty to an already difficult procedure for asylum seekers.  Existing Permission to Enter Some Asylum seekers may have existing permission to travel to the U.S. This permission may have been sought through a parole process approved by the Department of Homeland Security (DHS). Moreover, the DHS has introduced Targeted Parole Programs for specific nationalities which allows them to enter the U.S. in an orderly manner. However, these pathways are restricted to a limited number of migrants and not accessible by all. CBP One Appointment The CLP regulation encourages people to enter the country through legal, secure, and well-organized channels. In order to expedite the procedure and decrease unapproved border crossings, asylum applicants are advised to make an appointment via the CBP One smartphone app. The CBP One mobile app, used by the Federal Agency responsible for border enforcement, allows migrants to pre-schedule asylum processing appointments. Asylum-seekers who arrive at ports of entry without having a previously scheduled appointment through the app are considered ineligible for asylum. In addition, those who are unable to prove that it was not possible to access or use the application due to severe technical issues, illiteracy, language hurdles, or other pressing issues, are also presumed ineligible for asylum. However, according to the recent Interim Final Rule that was released on June 4, 2024, failure to set an appointment due to technical difficulties with the app, illiteracy and language hurdles may no longer satisfy the requirements for being eligible for Asylum. Moreover, the new interim rule adds more restrictions for applicants crossing the southwest or nearby coastal borders in their relief applications. Denied Protection Elsewhere A migrant who received a final denial decision for asylum in a transit country, will fall under the exception to the presumption. In other words, if asylum seekers, passing through other countries, have sought for protection in those countries and have been denied, they may still be eligible for asylum in the U.S. under this exception. Rebuttal of the Presumption Apart from the exceptions, there are certain other Rebuttals to the Presumption of Ineligibility. Those

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Interim Final Rule by Biden Administration and Its Impact on Asylum Seekers

Overview The Biden administration’s 2024 interim rule on asylum seekers, as part of the broader “Securing the Border” initiative, is a big change in US immigration policy. The new interim final rule was released on June 4, 2024 along with a Presidential Proclamation and it is based on the administration’s 2023 “Circumvention of Lawful Pathways”. The rule will remain in effect as long as the proclamation is in effect, and the proclamation’s suspension and limitation on entry will only lift if certain conditions regarding the reduction in the number of migrant encounters are met. Specifically, the suspension and limitation on entry would only be lifted 14 days after the daily average of migrant encounters drops to a seven-day daily average of fewer than 1,500 and remains below 2,500. The changes brought by this rule, intended to manage and reduce the strain on the southern border during periods of high migration, introduce new barriers and challenges for those seeking refuge in the U.S. Background “Circumvention of Lawful Pathways” or CLP rule of 2023 had already rendered many migrants ineligible for asylum but faced operational capacity issues. While the CLP rule encouraged the use of lawful pathways, the new rule further restricts asylum eligibility. The previous rule was aimed to encourage migrants to use lawful, safe and orderly processes for entering the U.S. Non-citizens who cross the southwest land border or adjacent coastal borders on May 11, 2023 or later, without authorization after traveling through another country are presumed ineligible for asylum. However, certain exceptions include those who: Availed themselves of an existing lawful process Presented at a port of entry at a pre-scheduled time using the CBP One app Were denied asylum in a third country through which they traveled The new rule of 2024 has significant consequences to support the existing CLP rule, one of which is making it harder for asylum seekers to file applications by tightening the eligibility criteria. About the Interim Rule: Impact on Asylum Seekers Stricter Eligibility Criteria Under this new rule, most migrants who enter the country illegally are no longer eligible for asylum. This is applicable to everyone who enters or exits ports of entry without using the CBP One app to make an appointment in advance. There are special exceptions available, nevertheless, for people who are seriously ill, in danger of losing their lives, or who are being trafficked. The goal of this action is to deter unauthorized immigration and direct asylum applicants to authorized ports of entry. The practical implications, however, are dire. Due to their desperate circumstances, a lot of asylum seekers frequently lack the time or resources to schedule appointments or navigate intricate bureaucratic processes. The provision essentially throws a huge hurdle in front of those who need protection the most, by making lawful entry a requirement for asylum. The “Shout Test” The condition known informally as the “shout test” is then introduced by the rule. This means that in order for asylum seekers to be given consideration for protection,

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Ultimate Guide to Bringing Your Internationally Adopted Child to the USA

Adopting children from overseas does not automatically grant them entry into the United States. To bring your adopted child into the U.S., you must adhere to specific immigration regulations. The exact requirements vary based on the country of origin and whether the child qualifies as an orphan under U.S. immigration law.   There are three general processes for adopting a child across international boundaries. The crucial factor is whether the child’s country of residence has signed on to the Hague Convention. Most intercountry adoptions are governed by Hague convention. Sometimes the process to choose also depends on the specific circumstances, such as the age of the child or the childs’ home country policies on adoption. Regardless of the adoption process, the adoptive parents must work with a Primary Provider or an Adoption Service Provider in order to complete an intercountry adoption. You can find information on accredited adoption service providers (ASPs) in the ASP Directory, searching by country, needed service, or provider’s location. An adoption agency can help arrange an adoption but cannot represent you before USCIS or provide legal advice on your child’s immigration. For legal representation, consider hiring an attorney.  Hague Process If you are adopting a child residing in a country party to the Hague Adoption Convention, you should use the “Hague Process.” Each member nation has a designated central authority responsible for overseeing the process. The State Department is the central authority in the U.S.    Eligibility Requirements:   You must be a U.S. citizen. If unmarried, you must be at least 25 years old. If married, you and your spouse must both participate in the adoption process.   Steps to Follow: File Form I-800A: If you decide to adopt from a country which is a signatory to the Hague Convention, the first step is to submit the ‘Application for Determination of Suitability to Adopt a Child from a Convention Country’ to USCIS. This includes a filing fee, fingerprinting, and a home study by an authorized provider.    File Form I-800: Once I-800A is approved, and you either choose a child or a child is matched with you by the Adoption Service Provider or the child’s Country of origin, file the ‘Petition to Classify Convention Adoptee as an Immediate Relative’ to USCIS. An important aspect to remember is that you have to file form I-800 before the adoption to determine the child’s eligibility to immigrate. No filing fee is required for the first child unless adopting multiple non-sibling children.    Child’s Eligibility: The child must reside in a Hague Convention country. The child’s legal custodians must irrevocably consent to the adoption and the child’s emigration. Form I-800 must be filed before the child’s 16th birthday, with certain protections for older children if Form I-800A was filed when the child was between 15 and 16.   Final Steps: If Form I-800 is approved, USCIS will notify the U.S. embassy or consulate. Complete the adoption or gain custody in anticipation of adoption in the U.S. The child can

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The Matter of Dhanasar and The Three Prongs of NIW Evaluation

Understanding the criteria for a successful EB2-NIW petition can be complicated and overwhelming. However, knowing the Matter of Dhanasar can help you prepare and grasp the fundamental framework on which EB2-NIW applications are evaluated. Therefore, in this blog, we will explain the three prongs of the Dhanasar and how they are to be addressed when drafting a petition.  Dhanasar vs NYSDOTBefore the Dhanasar framework, up until 2016, the NYSDOT standard governed National Interest Waiver petitions which were known for their narrow and rigid standards. Beneficiaries had to prove their work had substantial intrinsic merit, national scope, and that bypassing labor certification was in the national interest. This framework focused on existing work and traditional occupations instead of focusing on the proposed endeavor, uniqueness, and prospective potential of the beneficiary. The high burden of proof and strict criteria often excluded many qualified individuals, particularly in emerging fields or less traditional roles, from securing an NIW. The Dhanasar Decision, with its broader and more flexible approach, has since made the EB-2 National Interest Waiver process more accessible and inclusive, making it easier for diverse professionals to qualify. The Matter of Dhanasar and its BackgroundMatter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was actually the name of a specific case with a beneficiary named Dhanasar in 2016. This case and its outcome set a precedent as to how the qualifications of an EB-2 NIW beneficiary should be evaluated. Since then, the Dhanasar framework has set a standard for EB2-NIW cases with three main criteria. These criteria are: 1) Having a proposed endeavor with substantial merit and national importance 2) Being well-positioned to advance the proposed endeavor 3) The proposed endeavor being beneficial to the USA. First Prong: Substantial Merit and National ImportanceLet’s dive into the first criterion of the Dhanasar test with an example. Substantial merit refers to the inherent value and significance of the beneficiary’s proposed future endeavor. For instance, beneficiaries might want to contribute to an emerging and valuable field, such as a scientist working on renewable energy technology or a medical researcher developing a new treatment for a widespread disease. Both renewable energy and developing new treatments are inherently valuable fields, claiming to hold substantial merit. Next, national importance means that the beneficiary’s work will be of considerable value across the United States and worldwide. For example, a new treatment for cancer would be immensely useful throughout the USA and even globally.The Economic Impact Analysis (EIA) drafted by our in-house writers at Raju Law plays an essential role in demonstrating that the beneficiary’s proposed endeavor has substantial merit and national importance. Although not formally a part of an EB2-NIW petition, the EIA provides crucial quantitative evidence, such as statistical data, highlighting social, economic, or financial gaps the endeavor can address.For example, there are 1,958,310 new cancer cases and 609,820 cancer deaths in 2023 in the United States. In this case, an endeavor of inventing a new cancer treatment would greatly minimize cancer deaths. Hence, we can conclude that it fulfills the criterion of having national importance.  Second Prong:

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Ultimate Guide to International Adoption for U.S. Citizens

International adoption is a legal process enabling individuals and prospective parents to adopt a child from another country and bring them to the USA to live with them permanently. This pathway ensures the establishment of a lifelong, legal parent-child relationship across international borders. To finalize an inter-country adoption and bring a child to the United States, you must meet the requirements established by both the United States Citizenship and Immigration Services (USCIS) and the foreign country where you plan to adopt. The regulations in some foreign countries may include criteria such as a minimum income level, specific marital status, residency in the country for a certain period, and occasionally, adherence to certain religious beliefs. Difference between international and domestic adoption International adoption differs significantly from domestic adoption. Domestic adoption involves adopting a child born in the United States, often with significant involvement from the birth family or birth mother, especially in private adoptions, which are usually open. On the other hand, most international adoptions are closed. In domestic adoption, prospective parents only need to comply with U.S. laws. However, international adoption requires adherence to multiple regulations: Adoptive Parents Eligibility Requirements For Americans considering adoption, including those with disabilities and individuals in protected categories (such as age, sex, race, color, national origin, or religion), compliance with three sets of laws is necessary: U.S. federal law, the laws of the child’s country of origin, and the laws of your home U.S. state. Importantly, U.S. federal law does not have any law against adoption by persons with disabilities or those in federally defined protected categories from adopting. However, some countries from which children are adopted may have restrictions based on disabilities or may not permit adoption by single parents. Additionally, state laws in the U.S. can vary, adding another layer of requirements for prospective adoptive parents to navigate. The United States has specific qualification requirements that prospective parents must fulfill to adopt internationally. The international adoption requirements include the following: Eligibility of an Adopted Child The general rule is that the child must be adopted before turning 16 years old. If the child has a sibling who was adopted by the same parents, the age limit can extend to under 18 years. Different countries have different eligibility criteria for the children for adoption. Ineligibility for Adoptive Parents If one of the adopted parents is ever involved in a felony involving child abuse or neglect, domestic violence, child pornography or sexual assault, it is highly unlikely that they will be considered eligible to adopt a child.However, different countries have different ineligibility criteria for the adoptive parents. For example, Bangladesh allows only Bangladeshi citizens to adopt, Nigeria, Poland, Thailand adoption law do not allow same-sex parenthood for international adoption, Morocco requires the international adoptive parents to be Muslim and Nicaragua and Niger does not allow single parents to adopt from their countries. Therefore, it is really important to do your country and eligibility research while considering international adoption.  Adoption of children under Shari’a law Islamic

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Understanding Eligibility Criteria for Hindu Religious Workers Seeking an R-1 Visa

Introduction R-1 visa is an employment-based nonimmigrant visa for religious workers who want to come to the United States temporarily to work as a minister or in a religious vocation or occupation and be employed by a: Non-profit religious organization in the United States with a tax-exempt determination letter under section 501(c)(3) of the Internal Revenue Code of 1986; Religious organization that is authorized by a group tax exemption; or Non-profit organization which is affiliated with a tax-exempt religious denomination in the United States Requirements The general requirements for any person who wants to apply for the R-1 visa must fulfill the following conditions: Be a member of a religious denomination for the last two years The religious denomination must have a non-profit organization in the USA Find a US employer who will file the I-129 petition for the applicant for a job in a non-profit religious organization, or an organization affiliated with the religion The applicant must be a minister or a person working directly in the religious occupation or religious vocation The applicant must work at least 20 hours per week (part-time) The applicant must not work in any other positions beyond their religious capacity Eligibility Criteria for Hindu Religious Workers Under an R-1 visa, ministers and religious workers in religious vocations and occupations can come to the USA temporarily to perform religious work. Therefore, under Hinduism, there are two types of religious workers, ministers and non-ministers. Ministers Those who are authorized to conduct religious services by a recognized religious denomination are referred to as ministers. To be eligible to offer religious services, a minister needs to hold a license, certification, or other official recognition from a recognized denomination. In Hinduism, Acharyas (religious teachers) and Pandit/Pujari (Hindu priests) are considered as ministers. Religious Vocations  A religious vocation includes a formal lifetime commitment to a religious way of life through vows, investitures, rituals, or equivalent indicators. In Hinduism, there is a class of people in the religious sect whose entire lives are devoted to religious activities and rituals. The followings are considered as religious vocation: Brahmachari (male) or Brahmacharini (female) (student monks) and Swami (male) or Swamini (female) (monks). Brahmachari or Brahmacharini: A brahmachari or brahmacharini is a person who, at the earlier phases of training and initiation, made a formal lifetime commitment. Swami or Swamini: A Swami or Swamini is a person who has chosen to become a monk for life. Religious Occupation The religious occupation covers all religious workers who perform essential traditional religious functions. For temples, this provision covers the following individuals:  Paricharakara (religious food preparer): Paricharakaras prepare food offerings (prasadam) for Hindu worship services which are then distributed to temple devotees. Sthapati (religious architect): Hindu architects and builders with traditional training are known as stapatis. Shilpi (religious artisan): Hindu sculptors with traditional training are called shilpis. Religious Artists: Hindu religious artists are musicians, singers, and dancers with specialized training who offer devotions or conduct workshops either off-site at the temple or organization or on the premises.

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Eligibility Criteria and Benefits of the E-2 Treaty Employee Visa

Introduction The E-2 Treaty Employee Visa serves as a pivotal avenue for qualified individuals from treaty countries to work in the United States. Unlike the E-2 Treaty Investor Visa, employees in this regard do not have to invest themselves in the company or organization subject to the E-2 Treaty Investment. Some of the eligibility criteria for the E-2 Treaty Employee Visa and unique benefits are mentioned in the following:  Eligibility Criteria Nationality: The nationality of the employee seeking an E-2 Treaty Employee Visa must be the same as that of the principal alien employer. So, an individual with a nationality other than the principal employer’s nationality cannot be considered an “employee” for the sake of an E-2 Treaty Employee Visa. Moreover, the individual must fit the definition of “employee” under relevant laws.  Qualifying Employer: Applicants must be employed by a qualified U.S. enterprise or organization that meets the criteria for an E-2 visa in case the principal alien employer is not an individual. The enterprise or organization must be at least 50% owned by individuals who are citizens of the treaty country, or it must have substantial operations in the treaty country. Such owners must maintain nonimmigrant treaty investor status, or if the owners are not in the United States, they must be classifiable as nonimmigrant treaty investors if they were to seek admission to these countries. Specialized Skills or Qualifications: Specialized skills or qualifications are essential to an individual’s eligibility for an E-2 Treaty Employee Visa. No certain skillset is specified to qualify for an E-2 Treaty Employee visa automatically. It mostly depends on the degree and the exclusivity. These skills and qualifications must be essential to maintain the efficient operation of the treaty enterprise, and they may include advanced technical capabilities, managerial expertise, and specialized knowledge. Some factors must also be considered, such as prominence in the relevant field, others possessing similar skill sets, salary fit for the skills, and availability of skills and qualifications in the U.S.  Skills surrounded by foreign language and culture are not considered special skills for the E-2 Treaty Employee Visa. Another point to be noted is that any certain skill regarded as special at some point may no longer be qualifying due to it becoming common.  Benefits Employment Opportunity: The E-2 Treaty Employee Visa provides employment opportunities for skilled professionals who aspire to work in the United States with U.S. enterprises in diverse industries. Whether it is a technology startup or a well-established manufacturing firm, eligible employees can utilize their expertise to contribute and drive innovation in the American market. Sponsoring Spouses and Dependents: Similar to E-2 Treaty Investor Visas, principal E-2 Treaty Employee visa holders will get the opportunity to sponsor their spouse and unmarried children under 21 years of age as dependants of the principal applicant. Dependents can accompany the principal visa holder to the United States and enjoy the privileges of living, studying, and, in some cases, working in the country.  Renewability:  The E-2 Treaty Employee Visa is renewable

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NIW Success story of an Applied Microeconomist

At Rajulaw, we have a longstanding tradition of assisting professionals from a variety of fields, including those within STEM and beyond. A recent success story involves a client from the field of Applied Microeconomics, whose aspirations hinged on the approval of his I-140 petition. The pathway he chose? The National Interest Waiver (NIW)—a route that may raise eyebrows considering his profession. Yet, microeconomists like him can significantly influence a range of critical areas by applying their specialized knowledge to enhance economic policies, boost market efficiencies, and address socioeconomic disparities. Our client, whose expertise lies in Labor Economics and Econometrics, sought to delve deep into the issues of inequality and poverty in the United States, with a sharp focus on the inequality of opportunity. This issue has roots that burrow deep into America’s troubled history, including periods of slavery that have left indelible marks on society. To challenge these entrenched disparities, he proposed a research initiative aimed at examining the relationship between income levels and the quality of U.S. elementary and secondary education, and their collective impact on inequality. His proposed policies, arising from this research, aimed to foster equality across all societal divisions, including race, gender, social class, and parental background. Furthermore, his research intended to address the expanding wage gaps between college-educated individuals and those without higher education—a disparity that has widened alarmingly over the decades. Inequality of opportunity is a complex phenomenon that leads to entrenched generational wealth and income gaps. To tackle this, our client planned to leverage advanced machine learning technologies to analyze the myriad factors contributing to these opportunity gaps comprehensively. Upon retaining our services, we embarked on a thorough review of his professional profile and the ambitious endeavor he proposed. Our team provided expert guidance to refine his project, ensuring that every aspect of the petition was polished, leaving no room for questions or doubts from the USCIS officer. We integrated his academic achievements, professional experiences, and extracurricular activities into a compelling petition that clearly delineated the significance of his proposed research and his aptitude for successfully executing it. To fortify his application, we included a series of meticulously crafted letters of recommendation, each tailored to bridge any informational voids, thus ensuring a comprehensive presentation of his case. The result was a successful petition approval. This case sets a precedent for other economists, microeconomists, or professionals in related fields considering the NIW pathway for U.S. permanent residency. If you find yourself in a similar position, contemplating how your work can contribute to the national interest, Rajulaw is here to assist. We invite you to discuss how your unique contributions and future plans can align with national goals and how our expertise can help you realize your professional aspirations. Looking forward, the implications of our client’s research are vast, promising not only to address present inequalities but also to pave the way for future economists to explore disparities across various dimensions, including health disparities between immigrants and natives. His work exemplifies how targeted research and

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